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Form

I.R.S. SPECIFICATIONS
TO BE REMOVED BEFORE PRINTING
INSTRUCTIONS TO PRINTERS
FORM 8873, PAGE 1 of 2
MARGINS: TOP 13mm (1⁄ 2 "), CENTER SIDES. PRINTS: HEAD TO FOOT
PAPER: WHITE WRITING, SUB. 20. INK: BLACK
FLAT SIZE: 216mm (81⁄ 2 ") 3 279mm (11")
PERFORATE: NONE
DO NOT PRINT — DO NOT PRINT — DO NOT PRINT — DO NOT PRINT

8873

Name(s) as shown on return

Part I
1
2
3
4a
b

5
a
c

8
9
10

2006

Attachment
Sequence No.

126

Elections and Other Information

Foreign Trade Income and Foreign Sale and Leasing Income

Caution: If a related person is also eligible for an extraterritorial income
exclusion, see Excluded property in the instructions.
Sale, exchange, or other disposition of qualifying foreign trade property
Enter the amount from line 6, column (a), attributable to the sale of property
formerly leased or rented for use by the lessee outside the United States
Lease or rental of qualifying foreign trade property for use by the lessee
outside the United States. Enter the same amount in both columns
Services related and subsidiary to the sale, exchange, or other disposition of
qualifying foreign trade property
Enter the amount from line 9, column (a), attributable to the sale of property
formerly leased or rented for use by the lessee outside the United States

Engineering or architectural services for construction projects outside the United States
Managerial services provided to unrelated persons (see instructions)

14

Enter the sum of the amounts from lines 6, 9, 12, and 13 of column (a)
attributable to foreign economic processes. Do not include any amounts
already included on lines 7, 8, 10, or 11 in column (b)
Foreign trading gross receipts. Add lines 6 through 13 in column (a)
Add lines 7 through 14 in column (b)
Cost of goods sold:
Inventory at beginning of year
Purchases
Cost of labor
Additional section 263A costs (attach schedule)
Other costs (attach schedule)
Total. Add lines 17a through 17e
Inventory at end of year
Subtract line 17g from line 17f
In column (a), subtract line 17h from line 15. In column (b), subtract line 17h
from line 16
Other expenses and deductions (see instructions) (attach schedule)
Foreign trade income. In column (a), subtract line 19 from line 18. If -0- or
less, stop here. You do not qualify for the exclusion
Foreign sale and leasing income. In column (b), subtract line 19 from line 18

21

OMB No. 1545-1722

Identifying number

12
13

19
20

Revised proofs
requested

Attach to your tax return.
See separate instructions.

Services related and subsidiary to the lease of qualifying foreign trade property for use
by the lessee outside the United States. Enter the same amount in both columns

a
b
c
d
e
f
g
h
18

O.K. to print

f
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15
16
17

Signature

Check the box if you are electing under section 942(a)(3) to exclude a portion of your gross receipts from foreign trading gross
©
receipts on line 15. Attach a schedule indicating which receipts are being excluded
Check the box if you are electing to apply the extraterritorial income exclusion provisions to certain transactions involving a FSC
©
(see instructions). Attach a schedule listing the affected transactions
©
Check the box if the taxpayer is a foreign corporation electing to be treated as a domestic corporation (see instructions)
Are you excepted from the foreign economic process requirements because your foreign trading gross
©
receipts are $5 million or less?
Yes
No
If “No,” check the applicable box to indicate how you met the foreign economic process requirements:
(1)
You met the 50% foreign direct cost test (see instructions).
(2)
You met the alternative 85% foreign direct cost test (see instructions).
See instructions before completing lines 5a through 5c. Note: For transactions for which the exclusion is determined using
the foreign sale and leasing income method (i.e., line 44 equals line 45), complete only lines 5a and 5c(1).
Business activity code
b Product or product line
Check the applicable box to indicate the basis of your reporting:
(1) Transaction-by-transaction:
(a)
Aggregate on Form 8873
(b)
Aggregate on tabular schedule
(c)
Tabular schedule of transactions
(2)
Group of transactions

Part II

6
7

Date

Extraterritorial Income Exclusion
©

Department of the Treasury
Internal Revenue Service

Action

For Paperwork Reduction Act Notice, see instructions.

(a) Foreign Trade
Income

(b) Foreign Sale and
Leasing Income

6
7
8
9
10
11
12
13

14
15
16
17a
17b
17c
17d
17e
17f
17g
17h
18
19
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21

Cat. No. 30732F

Form

8873

(2006)

4
I.R.S. SPECIFICATIONS
TO BE REMOVED BEFORE PRINTING
INSTRUCTIONS TO PRINTERS
FORM 8873, PAGE 2 of 2
MARGINS: TOP 13mm (1⁄ 2 "), CENTER SIDES. PRINTS: HEAD TO FOOT
PAPER: WHITE WRITING, SUB. 20. INK: BLACK
FLAT SIZE: 216mm (81⁄ 2 ") 3 279mm (11")
PERFORATE: NONE
DO NOT PRINT — DO NOT PRINT — DO NOT PRINT — DO NOT PRINT

Form 8873 (2006)

Page

2

Marginal Costing (Note: If you are not using Marginal Costing, skip Part III and go to Part IV.)
Part III
Section A — Foreign Trade Income Using Marginal Costing Method
22
23
a
b
c
24
25
26
a
b
c
27
28
29
30

f
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7
0

Foreign trading gross receipts. Enter the amount from line 15
Costs and expenses allocable to the amount reported on line 22:
23a
Cost of direct material attributable to property sold
23b
Cost of direct labor attributable to property sold
Add lines 23a and 23b
Subtract line 23c from line 22
Worldwide gross receipts from sales of the product or product line
Costs and expenses allocable to the amount reported on line 25:
26a
Cost of goods sold attributable to property sold
26b
Other expenses and deductions attributable to gross income
Add lines 26a and 26b
Subtract line 26c from line 25. (Note: If -0- or less, stop here. You may not use Part III to determine
your qualifying foreign trade income. Go to line 37.)
Overall profit percentage. Divide line 27 by line 25. Carry the result to at least three decimal
places
Overall profit percentage limitation. Multiply line 22 by line 28
Foreign trade income using marginal costing. Enter the smaller of line 24 or line 29

22

23c
24
25

26c
27
28
29
30

Section B — 15% of Foreign Trade Income Method
31
32
33

Multiply line 30 by 15% (.15)
Foreign trade income using full costing. Enter the amount from line 20
Enter the smaller of line 31 or line 32

31
32
33

Section C — 1.2% of Foreign Trading Gross Receipts Method
34
35
36

Multiply line 22 by 1.2% (.012)
Multiply line 30 by 30% (.30)
Enter the smallest of lines 32, 34, or 35

Part IV
37
38
39
40
41
42
43
44
45

34
35
36

Extraterritorial Income Exclusion (Net of Disallowed Deductions)

Enter your foreign trade income from line 20
Multiply line 37 by 15% (.15)
39
Enter your foreign trading gross receipts from line 15
40
Multiply line 39 by 1.2% (.012)
41
Multiply line 38 by 2.0
Enter the smaller of line 40 or line 41
Enter your foreign sale and leasing income from line 21
Multiply line 43 by 30% (.30)
Enter the greatest of lines 33, 36, 38, 42, or 44. If you are using the alternative computation,
see instructions for the amount to enter
Note: If you do not have a reduction for international boycott operations, illegal bribes, kickbacks, etc. (see
the instructions for line 50), skip lines 46 through 51 and enter on line 52 the amount from line 45.

37
38

42
43
44
45

46

If line 44 equals line 45, divide the amount on line 45 by the amount
on line 43. Otherwise, divide the amount on line 45 by the amount on
46
line 37. Carry the result to at least three decimal places
47 If line 44 equals line 45, enter the amount from line 19, column (b).
47
Otherwise, enter the amount from line 19, column (a)
48 Multiply line 46 by line 47
49 Add lines 45 and 48
50 Reduction for international boycott operations, illegal bribes, kickbacks, etc. (see instructions)
51 Qualifying foreign trade income. Subtract line 50 from line 49. If -0- or less, stop here. You do
not qualify for the exclusion
52 Subtract line 48 from line 51
53a Enter the amount from line 52 that is attributable to 100% transactions (see instructions)

51
52
53a

b Multiply the amount from line 52 that is attributable to 80% transactions (see instructions) by
80% (0.80) and enter the result

53b

c Multiply the amount from line 52 that is attributable to 60% transactions (see instructions) by
60% (0.60) and enter the result
54 Extraterritorial income exclusion (net of disallowed deductions). Add lines 53a through 53c. Enter the result
here and include it on the “other deductions” line of your tax return or schedule (see instructions)

48
49
50

53c
54
Form

8873

(2006)

PAGER/SGML

Userid: ________
Fileid: I8873.SGM

Leading adjust: 0%
(11-Dec-2005)

❏

Draft
(Init. & date)

❏

Ok to Print

Filename: D:\USERS\x9lcb\documents\epicfiles\2005 Products\8873\05I8873(121105).SGM

Page 1 of 4

Instructions for Form 8873

14:39 - 11-DEC-2005

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

2005

Department of the Treasury
Internal Revenue Service

Instructions for Form 8873
Extraterritorial Income Exclusion
Section references are to the Internal Revenue Code unless otherwise noted.

What’s New
The American Jobs Creation Act of 2004
repealed the extraterritorial income (ETI)
exclusion provisions generally for
transactions after 2004, subject to a
transition rule. Under the transition rule,
taxpayers may claim 80% and 60% of the
otherwise applicable pre-repeal ETI
exclusion for transactions during 2005 and
2006, respectively. The general repeal of
the ETI exclusion provisions does not apply
to transactions in the ordinary course of a
trade or business under a binding contract if
such contract is between the taxpayer and
an unrelated person (defined below) and
such contract is in effect on September 17,
2003, and at all times thereafter.
Foreign corporations that elected to be
treated as domestic corporations (on line 3
of Form 8873) were permitted, under certain
circumstances, to revoke such election
before October 22, 2005, without recognition
of gain or loss.
For more information, see ETI Repeal
below.

General Instructions
Purpose of Form
Use this form to figure the amount of
extraterritorial income (defined below)
excluded from gross income for the tax year.
Attach the form to your income tax return.
Note. The amount figured on the form is net
of the disallowed deductions.

ETI Repeal
The American Jobs Creation Act of 2004
repealed the ETI exclusion provisions
generally for transactions after 2004, subject
to transition rules.

Transition Rule and Binding
Contract Exception
Taxpayers may claim 80% and 60% of the
otherwise applicable pre-repeal ETI
exclusion for transactions during 2005 and
2006, respectively. The general repeal of
the ETI exclusion provisions does not apply
to transactions in the ordinary course of a
trade or business under a binding contract if
such contract is between the taxpayer and
an unrelated person (defined below) and
such contract is in effect on September 17,
2003, and at all times thereafter. For these
purposes, a binding contract includes a
purchase option, renewal option, or
replacement option that is included in such
contract and that is enforceable against the
seller or lessor. For this purpose, a
replacement option will be considered

enforceable against a lessor notwithstanding
the fact that a lessor retained approval of
the replacement lessee.
Unrelated person. An unrelated person is
a person that is not a related person as
defined in Qualifying Foreign Trade Property
on page 2.

Definitions
100% transactions are transactions under
a binding contract that meets the
requirements described above.
80% transactions are transactions during
2005 that are not under a binding contract
that meets the requirements described
above.
60% transactions are transactions during
2006 that are not under a binding contract
that meets the requirements described
above.

Revocation of Election to be
Treated as a Domestic
Corporation
Foreign corporations that elected to be
treated as domestic corporations under
section 943(e) (on line 3 of Form 8873) may,
under the circumstances described below,
revoke such election before October 22,
2005. If the election is revoked, no gain or
loss shall be recognized with respect to
property treated as transferred under
section 943(e)(4)(B)(ii) to the extent such
property:
• was treated as transferred under section
943(e)(4)(B)(i) or
• was acquired during a tax year to which
such election applies and before May 1,
2003, in the ordinary course of its trade or
business.
The IRS and Treasury have been
authorized to issue any guidance that may
be necessary to prevent the abuse of the
above rules.

Pre-Repeal ETI Exclusion
Rules
Who Qualifies for the Exclusion
Eligible Taxpayers
Individuals, corporations (including S
corporations), partnerships, and other
pass-through entities are entitled to the
exclusion if they have extraterritorial income.
Special rule for DISCs. The extraterritorial
income exclusion does not apply to any
taxpayer for any tax year if, at any time
during the tax year, the taxpayer is a
member of a controlled group of
corporations (as defined in section
Cat. No. 31661R

927(d)(4), as in effect before its repeal) of
which a DISC (Domestic International Sales
Corporation) is a member.

Eligible Transactions
Generally, the extraterritorial income
exclusion applies to taxpayers with respect
to transactions after September 30, 2000.
However, the exclusion does not apply to
any transaction in the ordinary course of a
trade or business involving a FSC (Foreign
Sales Corporation) that is under a binding
contract that is in effect on September 30,
2000, and at all times thereafter, and that is
between the FSC (or a person related to the
FSC) and a person other than a related
person.
Line 2 election. The taxpayer may elect to
apply the exclusion rules for the transactions
described above involving a FSC. To make
the election, check the box on line 2. See
the instructions for line 2 for more details.

Extraterritorial Income
Extraterritorial income is the gross income of
the taxpayer attributable to foreign trading
gross receipts (defined below). The taxpayer
reports all of its extraterritorial income on its
tax return. It then uses Form 8873 to
calculate its exclusion from income for
extraterritorial income that is qualifying
foreign trade income.

Qualifying Foreign
Trade Income
Generally, qualifying foreign trade income is
the amount of gross income that, if
excluded, would result in a reduction of
taxable income by the greatest of:
• 15% of foreign trade income,
• 1.2% of foreign trading gross receipts, or
• 30% of foreign sale and leasing income.
See definitions below and on page 2.

Foreign Trading
Gross Receipts
A taxpayer is treated as having foreign
trading gross receipts (FTGR) derived from
certain activities in connection with
qualifying foreign trade property (defined on
page 2) only if it meets the foreign economic
process requirements (described on page
2). Foreign trading gross receipts are the
taxpayer’s gross receipts that are:
1. From the sale, exchange, or other
disposition of qualifying foreign trade
property;
2. From the lease or rental of qualifying
foreign trade property for use by the lessee
outside the United States;
3. For services that are related and
subsidiary to (a) any sale, exchange, or
other disposition of qualifying foreign trade
property by such taxpayer or (b) any lease

Page 2 of 4

Instructions for Form 8873

14:39 - 11-DEC-2005

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

or rental of qualifying foreign trade property
for use by the lessee outside the United
States;
4. For engineering or architectural
services for construction projects located (or
proposed for location) outside the United
States; or
5. For the performance of managerial
services for a person other than a related
person connected with the production of
foreign trading gross receipts described in
items 1, 2, or 3 above. Item 5 does not apply
to a taxpayer for any tax year unless at least
50% of its foreign trading gross receipts
(determined without regard to this sentence)
for such tax year are derived from the
activities described in items 1, 2, or 3 above.
Excluded receipts. Foreign trading gross
receipts do not include the receipts of a
taxpayer from a transaction if:
• The qualifying foreign trade property or
services are for ultimate use in the United
States;
• The qualifying foreign trade property or
services are for use by the United States or
any instrumentality of the United States and
such use is required by law or regulation;
• Such transaction is accomplished by a
subsidy granted by the government (or any
instrumentality) of the country or possession
in which the property is manufactured,
produced, grown, or extracted; or
• The taxpayer has elected to exclude the
receipts under section 942(a)(3). See the
instructions for line 1 for more details.

Foreign Economic
Process Requirements
You are generally treated as having foreign
trading gross receipts from a transaction
only if certain economic processes take
place outside the United States with respect
to that transaction. However, see $5 million
gross receipts exception below.
Generally, a transaction will qualify if two
requirements are met:
• Participation outside the United States in
the sales portion of the transaction and
• Satisfaction of either the 50% or the 85%
foreign direct cost test.
For purposes of determining whether
your gross receipts qualify as foreign trading
gross receipts, the foreign economic
process requirements are treated as
satisfied if any related person has met the
economic process requirements with
respect to the same qualifying foreign trade
property.
Participation outside the United States in
the sales portion of the transaction.
Generally, the foreign economic process
requirements are met for your gross receipts
derived from any transaction if you have (or
any person acting under a contract with you
has) participated outside the United States
in the solicitation (other than advertising),
negotiation, or the making of the contract
relating to the transaction.
50% foreign direct cost test. You meet
this test if the foreign direct costs you
incurred that are attributable to the
transaction equal or exceed 50% of the total
direct costs you incurred attributable to the
transaction.
Total direct costs are those costs for
any transaction that are attributable to the
following activities you (or any person acting

under a contract with you) performed at any
location with respect to qualifying foreign
trade property:
• Advertising and sales promotion,
• Processing of customer orders and
arranging for delivery,
• Transportation outside the United States
in connection with delivery to the customer,
• Determination and transmittal of a final
invoice or statement of account or the
receipt of payment, and
• Assumption of credit risk.
Foreign direct costs are the portion of
the total direct costs of any transaction
attributable to activities performed outside
the United States.
Alternative 85% foreign direct cost test.
You meet this test if, for any two of the
activities listed above, the foreign direct
costs equal or exceed 85% of the total direct
costs attributable to that activity.
If you incur no direct costs with respect
to any activity listed above, that activity is
not taken into account for purposes of
determining whether you have met either
the 50% or 85% foreign direct cost test.
$5 million gross receipts exception. The
foreign economic process requirements do
not apply to taxpayers whose foreign trading
gross receipts for the tax year are $5 million
or less. For tax years of less than 12
months, the test is determined on an
annualized basis. For purposes of the
exception, all related persons are treated as
one taxpayer and, therefore, only one $5
million limit applies.
In the case of a partnership, S
corporation, or other pass-through entity, the
limit applies to both the pass-through entity
and its partners, shareholders, or other
owners. The pass-through entity must
advise its partners, shareholders, or other
owners if and how the entity met the foreign
economic process requirements.

Qualifying Foreign
Trade Property
Generally, qualifying foreign trade property
is property that meets all three of the
following conditions.
• The property must be held primarily for
sale, lease, or rental, in the ordinary course
of a trade or business, for direct use,
consumption, or disposition outside the
United States and Puerto Rico.
• Not more than 50% of the fair market
value of the property can be attributable to
(a) articles manufactured, produced, grown,
or extracted outside the United States and
Puerto Rico and (b) direct costs of labor
performed outside the United States and
Puerto Rico.
• The property generally must be
manufactured, produced, grown, or
extracted within the United States and
Puerto Rico. However, property
manufactured, produced, grown, or
extracted outside the United States and
Puerto Rico is qualifying foreign trade
property if the property was manufactured,
produced, grown, or extracted by:
1. A domestic corporation,
2. An individual who is a citizen or
resident of the United States,
3. A foreign corporation that elects to be
treated as a domestic corporation under
section 943(e), or

-2-

4. A partnership or other pass-through
entity all of the partners or owners of which
are described in items 1, 2, or 3 above.
Excluded property. The following property
is excluded from the definition of qualifying
foreign trade property:
• Property with respect to which a related
person (defined below) has calculated its
exclusion using the 1.2% of foreign trading
gross receipts method,
• Property you lease or rent for use by any
related person,
• Certain intangibles described in section
943(a)(3)(B),
• Oil or gas (or any primary product of oil or
gas),
• Any log, cant, or similar form of
unprocessed softwood timber,
• Products the transfer of which is
prohibited or curtailed to carry out the policy
stated in paragraph (2)(C) of section 3 of
Public Law 96-72, The Export Administration
Act of 1979, and
• Property designated by an Executive
order of the President as in short supply
because the property is insufficient to meet
the requirements of the domestic economy
(beginning with the date specified in the
Executive order).
Related person. Generally, a person is
considered related to another person, for
purposes of the extraterritorial income
exclusion, if the persons are treated as a
single employer under section 52(a) or (b) or
section 414(m) or (o). For this purpose,
determinations under section 52(a) and (b)
are made without regard to section 1563(b).

Foreign Trade Income
Foreign trade income (FTI) is your taxable
income (determined without regard to the
extraterritorial income exclusion) attributable
to foreign trading gross receipts. See
section 941(b)(2) for special rules for
cooperatives.

Foreign Sale and Leasing
Income
Foreign sale and leasing income (FSLI) is
generally the amount of your foreign trade
income for a transaction that is:
• Properly allocable to activities that
constitute foreign economic processes
(described above),
• Derived by you from the lease or rental of
qualifying foreign trade property for use by
the lessee outside the United States, or
• Derived by you from the sale of qualifying
foreign trade property formerly leased or
rented for use by the lessee outside the
United States.
Only directly allocable expenses are
taken into account in figuring your foreign
sale and leasing income. Income properly
allocable to certain intangibles is excluded
from foreign sale and leasing income. See
sections 941(c)(2)(B) and 941(c)(3) for
special rules related to foreign sale and
leasing income.

Reporting of Transactions
Generally, you may report transactions
(including sale transactions and leasing
transactions) either on a transaction-bytransaction basis or on the basis of groups
of transactions based on product lines or
recognized industry or trade usage. See the

Page 3 of 4

Instructions for Form 8873

14:39 - 11-DEC-2005

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

instructions for line 5c for rules concerning
grouping elections that may be made with
respect to transactions. However, you may
not group sales and leases together, and
you may not report foreign sale and leasing
income in column (b) of Part II of the form
on the basis of groups.

Specific Instructions
Part I–Elections and Other
Information
Line 1. Check the box if the taxpayer is
electing, under section 942(a)(3), to exclude
a portion of its gross receipts from treatment
under the extraterritorial income exclusion
provisions. Attach a schedule that lists the
transactions being omitted.
Note. A foreign tax credit may be available
for foreign taxes paid on the receipts the
taxpayer excludes from treatment under the
extraterritorial income exclusion provisions.
Line 2. Check the box if the taxpayer is
electing to apply the extraterritorial income
exclusion provisions to certain transactions
involving a FSC (see Eligible Transactions
on page 1).
Note. The extraterritorial income exclusion
provisions and the FSC provisions may not
be applied to the same transaction.
Attach a schedule listing those
transactions. Once the election is made with
respect to a transaction, the election applies
to the tax year for which it was made and all
later tax years. The election may be revoked
only with IRS consent. See Rev. Proc.
2001-37, 2001-1 C.B. 1327.
Line 3. Check the box if the taxpayer is an
“applicable foreign corporation” that elects to
be treated as a domestic corporation under
section 943(e). To be eligible, the foreign
corporation must waive the right to claim all
benefits granted to it by the United States
under any treaty. If the election is made, the
corporation will be treated as a domestic
corporation for all purposes of the Internal
Revenue Code. However, the corporation
may not elect to be an S corporation.
An “applicable foreign corporation” is a
foreign corporation that:
1. Manufactures, produces, grows, or
extracts property in the ordinary course of
the corporation’s trade or business or
2. Substantially all of its gross receipts
are foreign trading gross receipts.
Once made, the election applies to the
tax year made and remains in effect for all
subsequent years unless revoked or
terminated. Any revocation or termination
applies to tax years beginning after the tax
year during which made. The election will
automatically terminate if the corporation
meets neither of the two requirements
above. If an election is revoked by the
corporation or is automatically terminated,
the corporation (and any successor
corporation) may not elect to be a domestic
corporation again for 5 tax years beginning
with the first tax year after the revocation or
termination. See Rev. Proc. 2001-37.
Effect of election. For purposes of
section 367, a foreign corporation that has
elected to be a domestic corporation is

generally treated as transferring, as of the
first day of the first tax year to which the
election applies, all of its assets to a
domestic corporation in an exchange under
section 354.
Exception for old earnings and profits
of certain corporations. If the exception
described in section 5(c)(3) of the FSC
Repeal and Extraterritorial Income Exclusion
Act of 2000 applies, attach a statement
indicating the basis for your entitlement, if
any, to that exception.
Effect of revocation or termination. If
a foreign corporation has elected to be a
domestic corporation and the election
ceases to apply for any subsequent tax
year, the corporation is treated as a
domestic corporation transferring, as of the
first day of the subsequent tax year to which
the election no longer applies, all of its
property to a foreign corporation in an
exchange under section 354.
Note. A corporation may, under certain
circumstances, revoke a line 3 election
before October 22, 2005, without recognition
of gain or loss. See Revocation of Election
to be Treated as a Domestic Corporation on
page 1 for details.
Line 4. Before completing lines 4a and 4b,
see Foreign Economic Process
Requirements on page 2.
Line 5a. Enter the six-digit code that best
describes the business activity for which the
form is being filed from the list of Principal
Business Activity Codes included in your tax
return instructions.
Line 5b. Enter your product or product line
that meets one of the two standards below.
• The product or product line based on the
North American Industry Classification
System (NAICS) or
• A recognized industry or trade usage.
Line 5c. Check the applicable box to
indicate the basis on which the amounts on
Form 8873 are determined using either the
transaction-by-transaction basis or an
election to group transactions. Use one of
the following formats.
(1) Transaction-by-transaction. If your
determination is based on each transaction
rather than an election to group
transactions, check box (1)(a), (1)(b), or
(1)(c), depending on your preferred
reporting format.
(a) Aggregate on Form 8873. If you
choose to aggregate your transactions on
one or more Forms 8873, check box (1)(a)
of line 5c. Aggregate on one Form 8873
those transactions for which the same
method is applied, provided all the
transactions (other than foreign sale and
leasing income transactions) are included in
the same product or product line indicated
on line 5b. If a different method is applied to
some of the transactions in one or more of
the separate product lines, additional Forms
8873 must be filed.
Example. If you have no foreign sale
and leasing income and you apply the 15%
of foreign trade income method to all
transactions in three separate product lines,
you would file three aggregate Forms 8873.
However, if you use the 1.2% of foreign
trading gross receipts method for some of
the transactions in one of the product lines,
you would then file four aggregate Forms
8873.

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Note. Taxpayers that check box (1)(a) of
line 5c may aggregate 60% transactions,
80% transactions, and 100% transactions
on the same Form 8873 only if they are
applying the same method (for example,
15% of FTI, 1.2% of FTGR, 30% of FSLI) to
all transactions reported on the form and the
transactions (other than foreign sale and
leasing income transactions) are included in
the same product or product line.
(b) Aggregate on tabular schedule.
You may choose to aggregate your
transactions on a tabular schedule rather
than on Form 8873. To do so, file one Form
8873 entering only your name and
identifying number at the top of the form.
Also check box (1)(b) of line 5c. Attach a
tabular schedule to the partially completed
Form 8873 reporting all information as if a
separate form were filed for each aggregate
of transactions described in (1)(a) above.
Also see Format of tabular schedules on
page 4.
Note. To be eligible for either of the
aggregate reporting formats described in
(1)(a) or (b) above, you must maintain a
supporting schedule that contains all
information that would be reported if a
separate Form 8873 were filed for each
transaction, including identification of each
transaction as either a 100% transaction, an
80% transaction, or a 60% transaction. The
supporting schedule should not be filed with
the Form 8873.
(c) Tabular schedule of transactions.
Instead of aggregate reporting, you may
choose to report transactions on a tabular
schedule. File one Form 8873 entering only
your name and identifying number at the top
of the form. Also check box (1)(c) of line 5c.
Attach a tabular schedule to the partially
completed Form 8873 reporting all
information as if a separate Form 8873 were
filed for each transaction. Also, see Format
of tabular schedules on page 4.
(2) Group of transactions. You may
elect to group transactions (other than
foreign sale and leasing income
transactions) by product or product line. The
grouping of transactions applies to all
transactions completed during the tax year
for that product or product line.
To make the election, complete one
Form 8873 entering only your name and
identifying number at the top of the form.
Also check box (2) of line 5c. Attach a
tabular schedule to the partially completed
Form 8873 reporting all information as if a
separate Form 8873 were filed for each
group of transactions. See Format of tabular
schedules on page 4.
Note. If a grouping basis is elected,
aggregate reporting is not permitted.
Attach Form 8873 to your tax return.
Once the election is made, grouping
redeterminations are permitted until one
year after the later of:
1. The due date of your timely filed
return (including extensions) or
2. In the event of an examination of your
return by the IRS, notification by the IRS of
such examination (provided you agree to
extend the statute of limitations for
assessment by one year).
Note. If your foreign trading gross receipts
are $5 million or less for the tax year, you

Page 4 of 4

Instructions for Form 8873

14:39 - 11-DEC-2005

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

may file a separate Form 8873 for each
group of transactions instead of filing a
tabular schedule.
Note. If you are electing to group
transactions, 100% transactions, 80%
transactions, and 60% transactions must be
grouped separately. Therefore, transactions
must be grouped both by product or product
line and by type of transaction (that is,
100%, 80%, or 60%).
Format of tabular schedules. If a tabular
schedule is attached to Form 8873, the
schedule must:
• Be in spreadsheet or similar format,
• List your name and identifying number on
each numbered page,
• Be formatted in columns that correspond
to each line item of Form 8873, and
• Show totals in each column.

Part II–Foreign Trade
Income and Foreign Sale
and Leasing Income
Lines 6 through 14. Enter your foreign
trading gross receipts identified on lines 6
through 14 using the rules outlined under
Foreign Trading Gross Receipts beginning
on page 1.
Line 14, column (b). Enter on this line only
the sum of those portions of the amounts on
lines 6, 9, 12, and 13, column (a), that are
attributable to foreign economic processes
(see definition on page 2). Because only
foreign trading gross receipts attributable to
foreign economic processes are included in
line 14, column (b), the amount entered on
line 14, column (b), will not necessarily
equal the total of the foreign trading gross
receipts amounts entered on lines 6, 9, 12,
and 13, column (a).
Line 17. For lines 17a through 17h,
compute your cost of goods sold allocated
to your foreign trading gross receipts. See
the instructions for the tax return to which
this form is attached for basic rules for
determining cost of goods sold.
Line 19. Enter on line 19, column (a), the
deductions, other than those you included in
figuring your cost of goods sold, that are
allocable to the amount reported on line 15.
Enter on line 19, column (b), the
deductions, other than those you included in
figuring your cost of goods sold, that are
directly allocable to the amount reported on
line 16.
Note. Do not include your allocable portion
of general and administrative expenses on
line 19, column (b).
For both column (a) and column (b),
attach to Form 8873 a schedule listing these
amounts. See the instructions for the tax
return to which this form is attached for
basic rules for determining expenses.

Part III–Marginal Costing
Marginal costing is a method under which
only direct production costs of producing a
particular product or product line are taken
into account for purposes of computing your

qualifying foreign trade income. Complete
this section to see if you will benefit by using
marginal costing. If you do not wish to use
this method, skip Part III and complete Part
IV using the instructions below.

Part IV–Extraterritorial
Income Exclusion
Line 45. Generally, your qualifying foreign
trade income is based on the greatest of
lines 33, 36, 38, 42, or 44. Under the
alternative computation, however, you may
instead choose to enter on line 45 the
amount from any of those five lines (33, 36,
38, 42, or 44). For example, although line 42
may produce the greatest exclusion for you,
use of that line could eliminate or reduce the
exclusion for a related person because of
the limitation under section 941(a)(3) on the
use of the 1.2% of foreign trading gross
receipts method. Therefore, to maximize the
combined exclusion for you and that related
person, you may prefer to enter on line 45
the greatest of lines 33, 36, 38, or 44
(instead of the amount on line 42).
Line 50. If you had any operations in or
related to a country associated with carrying
out an international boycott or you
participated in or cooperated with an
international boycott, your extraterritorial
income exclusion may be reduced. See the
separate instructions for Form 5713,
International Boycott Report, for definitions
and other details and to find out if you are
required to file Form 5713. If you are
required to file Form 5713, also complete
Schedule A (Form 5713), International
Boycott Factor (Section 999(c)(1)), and
Schedule C (Form 5713), Tax Effect of the
International Boycott Provisions. Enter the
amount from Schedule C (Form 5713), line
6c, on Form 8873, line 50.
The exception from filing Form 5713
that generally applies to foreign
CAUTION persons does not apply to a foreign
person that is claiming the extraterritorial
income exclusion.
Also include on line 50 the total of any
illegal bribes, kickbacks, or other payments
(within the meaning of section 162(c)) paid
by or on behalf of the taxpayer directly or
indirectly to government officials,
employees, or agents.
Line 53. For definitions of “100%
transactions,” “80% transactions,” and “60%
transactions,” see Definitions on page 1.
You may report 100% transactions, 80%
transactions, and 60% transactions on the
same Form 8873 only if you are reporting on
a transaction-by-transaction basis. If you are
reporting on a grouping basis, you must use
a separate Form 8873 for each type of
transaction. See the instructions for line 5c
on page 3 for more details and for other
restrictions that apply with respect to
reporting on a transaction-by-transaction
basis or on a grouping basis.
Line 53b. Determine the amount to enter
on this line using the following two steps:

!

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1. Determine the amount from line 52
that is attributable to 80% transactions.
2. Multiply the amount in step 1 by 80%
and enter the result on line 53b.
Line 53c. Determine the amount to enter on
this line using the following two steps:
1. Determine the amount from line 52
that is attributable to 60% transactions.
2. Multiply the amount in step 1 by 60%
and enter the result on line 53c.
Line 54. Add lines 53a through 53c. Report
the total as follows: Although the total is an
exclusion from income and not a deduction,
include it on the “Other deductions” or
“Other expenses” line of your tax return or
schedule. If you are filing Schedule C (Form
1040), enter “Extraterritorial income
exclusion from Form 8873” on a line in Part
V of Schedule C. For filers of Form 1120,
include the amount on Form 1120, page 1,
line 26.
Paperwork Reduction Act Notice. We ask
for the information on this form to carry out
the Internal Revenue laws of the United
States. You are required to give us the
information. We need it to ensure that you
are complying with these laws and to allow
us to figure and collect the right amount of
tax.
You are not required to provide the
information requested on a form that is
subject to the Paperwork Reduction Act
unless the form displays a valid OMB control
number. Books or records relating to a form
or its instructions must be retained as long
as their contents may become material in
the administration of any Internal Revenue
law. Generally, tax returns and return
information are confidential, as required by
section 6103.
The time needed to complete and file this
form will vary depending on individual
circumstances. The estimated time burden
for individual taxpayers filing this form is
approved under OMB control number
1545-0074 and is included in the estimates
shown in the instructions for their individual
income tax return. The estimated burden for
all other taxpayers who file this form is
shown below.

Recordkeeping . . . . . . . 21 hr., 19 min.
Learning about the law
or the form . . . . . . . . . . 1 hr., 40 min.
Preparing the form,
copying, assembling,
and sending the form to
the IRS . . . . . . . . . . . . .
2 hr., 6 min.
If you have comments concerning the
accuracy of these time estimates or
suggestions for making this form simpler, we
would be happy to hear from you. See the
instructions for the tax return with which this
form is filed.